Attorney Criticizes Proposed Changes In Land-use Plan

BOYNTON BEACH -- Attorney F. Martin Perry, representing the developer of the proposed Woolbright Place project, now in litigation, argued Monday night that two city-proposed land-use changes are intended to ``deprive my client equal protection under the law.``

The city planning staff has recommended a reduction in the number of homes allowed on one portion of the property -- from seven per acre to three per acre -- and to allow only commercial offices instead of a combination of offices and retail stores on the other portion.

The city`s Planning and Zoning Board heard testimony from many Boynton Beach residents Monday night on the changes that have been proposed for the city`s comprehensive land-use plan.

The plan, which serves as a planning Bible, provides guidelines stipulating how property in the city can be developed. All cities and counties have been required under state law to create their own land-use plans. This year, a new state law requires that those plans must be reviewed and revised when elected officials deem necessary.

This was not a rezoning hearing. Zoning is based on whatever the land-use plan mandates.

Once adopted, the revised plans must be sent to the Florida Department of Community Affairs, which will review them and, if it desires, recommend changes.

Monday night`s session will be followed by a similar hearing next Monday. Planning Board members agreed not to vote on any of the proposed changes until that meeting. Its recommendations then go to the City Council, which has final say before the changes are sent to the state.

Perry`s client, the Tradewinds Development Corp., based in Boca Raton and run by developer Michael Morton, brought suit against the city a few months ago after repeatedly being denied a rezoning on 95 acres of the 115-acre property just north of Woolbright Road and west of Interstate 95. A planned four-lane road, Southwest Eighth Street, will form the property`s western border.

Morton wanted two planned unit developments -- a 618-unit rental apartment complex on the 95 acres and a commercial area with a 161,000-square-foot shopping center, three office buildings and a bank totaling 38,000 square feet, plus 12,000 square feet of miscellaneous retail space on the southern 20 acres adjacent to Woolbright Road.

Opposition from the large, neighboring Leisureville retirement community convinced four of five City Council members to reject the residential portion of the project. Tradewinds sued.

Last week, the Planning Board recommended against the rezoning for the commercial project. The council will address that soon.

Attorney Raymond Royce, representing the First Baptist Church of Boynton Beach, also protested one part of the staff`s proposed changes in the Tradewinds property which, he said, affected his client.

The city wants to realign an industrial access road that would bisect Tradewinds` property. The realignment would divide a sizeable property the church owns in the middle of the Tradewinds tract into three separate sections, Royce said.